Top Guidelines Of uocoming case law sanjha vs state
Top Guidelines Of uocoming case law sanjha vs state
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Article 199 with the Constitution allows High Court intervention only when "no other adequate remedy is provided by law." It is properly-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, Additionally it is a properly-proven proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject to your procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to reach at its independent findings around the evidence.
four. It has been noticed by this Court that there is really a delay of at some point during the registration of FIR which hasn't been explained with the complainant. Moreover, there is no eye-witness of the alleged prevalence along with the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession with the petitioners has become tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram occurred to generally be the real brothers in the deceased but they didn't react whatsoever to your confessional statements of the petitioners and calmly saw them leaving, one particular after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not look much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there isn't any explanation as to why her arrest was not effected after making on the alleged extra judicial confession. It has been held on a lot of events that extra judicial confession of an accused is usually a weak type of evidence which may very well be manoeuvred by the prosecution in any case where direct connecting evidence does not appear their way. The prosecution is usually relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word regarding existence of some light in the place, where they allegedly noticed the petitioners alongside one another with a motorcycle at 4.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
It's now properly-settled that considerations for pre-arrest and post-arrest bail are completely different, therefore, within our view the acquired Judge had fallen in error to cancel the bail allowed to petitioner with the same Additional Sessions Judge.”
Reasonable grounds are available about the record to connect the petitioner with the commission in the alleged offence. Though punishment with the alleged offence does not drop in the prohibitory clause of Section 497, Cr.P.C. nonetheless figured out Deputy Prosecutor General apprises that another case of similar nature arising from FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is while in the credit in the petitioner as accused, therefore, case from the petitioner falls while in the exception where bail cannot be granted even inside the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, advice has actually been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion from the same is hereby reproduced:
Any court may search for to distinguish the present case from that of a binding precedent, to reach a different summary. The validity of such a distinction might or might not be accepted on appeal of that judgment to some higher court.
In federal or multi-jurisdictional law systems there may well exist conflicts between the assorted decreased appellate courts. Sometimes these differences will not be resolved, and it could be necessary to distinguish how the law is applied in a single district, province, division or appellate department.
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Whoever, with the intention of causing death OR with the intention of causing bodily injury into a person, by performing an act which from the ordinary course of nature is probably going to cause death, or with the knowledge that his act is so imminently hazardous that it must in all chance cause death, causes the death on the these types of person, is claimed to commit qatl-i-amd/murder”
In order to preserve a uniform enforcement in the laws, the legal system adheres into the doctrine of stare decisis
The Roes accompanied the boy to his therapy sessions. When they were explained to on the boy’s past, they asked if their children were Safe and sound with him in their home. The therapist certain them that they had almost nothing to worry get more info about.